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ALLISON v. AEW CAPITAL MANAGEMENT, L.L.P.

Docket No. 133771. Calendar No. 6.

751 N.W.2d 8 (2008)

Irving ALLISON, Plaintiff-Appellee, v. AEW CAPITAL MANAGEMENT, L.L.P., d/b/a Sutton Place Apartments, Defendant, and Village Green Management Company and BFMSIT, II, Defendants-Appellants.

Supreme Court of Michigan.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Barbara H. Goldman, PLLC (by Barbara H. Goldman), Southfield, and Mindell, Malin & Kutinsky (by Brian A. Kutinsky), Southfield, for Irving Allison.

Plunkett Cooney (by Christine D. Oldani and Edward M. Turfe), Detroit, for Village Green Management Company and BFMSIT, II.

Swistak & Levine, P.C. (by I. Matthew Miller), Farmington Hills, for the Property Management Association of Michigan, the Detroit Metropolitan Apartment Association, the Property Management Association of West Michigan, the Property Management Association of Mid-Michigan, the Washtenaw Area Apartment Association, the Apartment Association of Michigan, the Institute of Real Estate Management Michigan Chapter 5, the Michigan Housing Council, the Property Owners Association of Kent County, and the Real Estate Investors Association of Wayne County, Amici Curiae.

Janet M. Brandon, Farmington Hills, for the Michigan Association for Justice, Amicus Curiae.

OPINION

MARKMAN, J.

We granted leave to appeal to address the following questions: (1) whether parking lots in leased residential areas constitute "common areas" under MCL 554.139(1)(a); (2) whether the natural accumulation of snow and ice is subject to the lessor's duty set forth in MCL 554.139(1)(a) to keep premises and common areas "fit for the use intended by the parties"; and (3) whether the natural accumulation of snow and ice is subject to the lessor...

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